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Husband kept children in US and sent wife back to India. What to do?
24-Apr-2023 (In Child Custody Law)
my sis got married in 2009 in india. then she went to usa. wat happened is her husband harrased her for 4years & she do have 2 kids but he kept her kids there & thrown her out in 2013. now situation is this that she is now in india. what can we do to get the custody of the children as all of them are in US. Should we go and file a case in US or filing a case in india?
You should file a case in India first and have him summoned, specially if the husband is an Indian Citizen.
The marriage is governed by Indian Law and the Custody Laws of India will apply to your Sisters marriage.You can also file a harassment case against him in the US.
If the kids are less than 8 years then your sister can claim the custody by filling case in india.
You can file criminal complaint for dowry and harassment under domestic violence act to create pressure upon the husband. Send summons where the husband is working and the American embassy here in india ,the husband will give the custody and will compromise .
You can file divorce proceedings in india since the marriage was solomonised in india .
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